Madras High CourtCRL OP/7445/2016ordered

R.Vijayakanth v. The Deputy Superintendent Of

2016-04-04Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7445 of 2016 1.R.Vijayakanth 2.D.Manimaran 3.K.Pugalendhi 4.Kamaraj 5.R.Vinodh 6.P.Surendiran ... Petitioners Vs.

State rep. by 1.The Deputy Superintendent of Police Gudiyatham, Vellore District.

2.The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

(Crime No.225 of 2013) ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal Sessions Judge (Special Judge under SC/ST (Prevention of Atrocities) Act), Vellore District to accept their surrender and consider the bail petition on the same day on merits in Crime No.225/2013 on the file of 2nd respondent viz., the Inspector of Police, K.V.Kuppam, Vellore.

For Petitioners : Mr.M.P.Jayaprakash For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 147, 294(b), 355, 323, 506(ii) IPC r/w 3(1)(x) of SC/ ST (Prevention of Atrocities) Act, in Crime No. 225 of 2013 on the file of the second respondent police, move this petition seeking a direction to the learned Principal Sessions Judge (Special Judge under SC/ST (Prevention of https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Act, Vellore District, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

3.Perused the records.

4.The offences complained of, other than the offence under the Special enactment, may not be serious in nature warranting initial detention in jail, even before considering the bail application.

5.Therefore, the learned Principal Sessions Judge (Special Judge under SC/ST (Prevention of Atrocities) Act, Vellore District, is directed to accept the surrender of the petitioners and consider their bail application on the very same day purely on the basis of merits and in accordance with law. 6.Accordingly, this Criminal Original Petition is ordered. pri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Principal Sessions Judge (Special Judge under SC/ST (Prevention of Atrocities) Act), Vellore District.

2.The Deputy Superintendent of Police Gudiyatham, Vellore District.

3.The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

(Crime No.225 of 2013) 4.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.P.Jayaprakash, Advocate Sr 21550 KR/13/4/16 Crl.O.P.No.7445 of 2016 https://hcservices.ecourts.gov.in/hcservices/